Makar on raising the mandatory retirement age for state judges

The Honorable Scott Makar (First District Court of Appeal, Florida) has written a short and interesting article suggesting that Florida’s mandatory judicial retirement age should be raised from 70 to at least 73. The article revisits arguments that he made twenty years ago, and finds that those arguments are still well-supported. Among the factors supporting raising the retirement age:

  • Judging is a “late peak, sustained activity” where performance peaks later in life;
  • The average American life expectancy at birth is now nearly 79 years, more than eight years higher than when the current retirement age was adopted in 1972;
  • Technology helps older judges continue to do their jobs efficiently;
  • Florida’s demographics are consistent with older citizens working later into their lives; and
  • The current constitutional provision contains a loophole that allows some judges to stay on the bench until age 73 anyway.

The judge for whom I clerked recently left the bench due to Colorado’s mandatory retirement age, and he is as sharp, fair, and thoughtful as ever. There may be good arguments against life tenure for judges, bur forcing years of accumulated experience, wisdom, and intellectual capital off the bench simply because a particular birthday rolls around seems utterly self-defeating.

(Link may require a subscription.)

Citation: Scott D. Makar, A Modest Proposal: Raise the Mandatory Judicial Retirement Age, 18 Fla. Coast. L. Rev. 51 (2016).

 

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